Delegates from WIPO member states and observers discuss protection
of traditional cultural expresstions during the 25th session of the
WIPO IGC (Photo: WIPO/Berrod).

Highlights

The 25th session of the
WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional
Knowledge and Folklore (IGC) from July 15 to 24, 2013,
concluded with a revised draft
text of an international legal instrument on intellectual property (IP) and traditional
cultural expressions (TCEs). This text will be submitted to the September 2013 session of the WIPO
General Assembly.

The IGC also engaged in a review and stock taking of the text, as well as the text(s) of the
international legal instrument(s) ensuring the effective protection of traditional knowledge (TK)
and genetic resources (GRs).

A "Report of the Proposals Made by Delegations Regarding Future Work of the IGC, Following the
Review and Stocktaking Conducted under Agenda Item 7, as at the Close of the Session on July 24,
2013"
, which outlines a number of options regarding the IGC’e s possible future mandate, was prepared
and will be submitted to the 2013 General
Assembly.

At stake is a decision on how to fulfill the IGC’s mandate to conclude an international legal
instrument(s) ensuring the effective protection of TCEs, TK and GRs. The General Assembly will take
stock of progress made and decide on convening a diplomatic conference.

Discussions on TCEs

The IGC session was marked by intense substantive examination of four fundamental issues:
defining “traditional cultural expressions”, identifying the beneficiaries of protection, framing
the scope of rights and carving out appropriate exceptions and limitations. The complex nature of
the issues was generally recognized by both member states and non-governmental organizations,
including indigenous groups.

The session was chaired by Ambassador Wayne McCook of Jamaica. He was assisted by the
Vice-Chairs of the IGC, Ms. Alexandra Grazioli (Switzerland) and Mr. Bebeb Djundjunan (Indonesia),
as well as the Friend of the Chair, Mr. Ian Goss (Australia).

Further detailed information

The session had begun with a review in plenary session of the document WIPO/GRTKF/IC/25/4, “The Protection of Traditional
Cultural Expressions: Draft Articles”. The IGC then established an informal expert group that
worked on the core issues, with a view to reducing the number of options and streamlining the text.
The group comprised around 38 experts, with up to six experts per region nominated by the member
states, as well as two indigenous experts nominated by indigenous peoples participating in the
session. In the interest of transparency, other delegates sat in on the work of the group as
observers. Indigenous peoples were also able to nominate two observers to follow the negotiations.
All other participants were able to follow the expert group’s deliberations via audio and video
feed, in adjoining rooms.

The plenary requested Mr. Dominic Kebbell (New Zealand) and Mr. Tom Suchanandan (South Africa)
to act as “facilitators” and tasked them to prepare the further drafts of the text based on the
discussions of the plenary and the work of the expert group. To strengthen coordination among the
three ongoing thematic negotiations within the IGC (GRs, TK and TCEs), the Chair advised the
plenary that he had requested Mr. Ian Goss (Australia) to support the work of the facilitators
during the session, as a Friend of the Chair.

The session was marked by an in-depth revision of the text that was presented by the facilitators to the plenary for
review. The plenary then decided to transmit the revised text to the WIPO General Assembly which
will meet from September 23 to October 2, 2013. In accordance with the IGC’s mandate and work program for 2013 , the WIPO General Assembly
will inter alia take stock of progress made and decide on convening a diplomatic
conference.

Following the review and stock taking, several proposals were received regarding the future work
of the Committee. A "Report of the Proposals Made by Delegations Regarding Future Work of the IGC,
Following the Review and Stocktaking Conducted under Agenda Item 7, as at the Close of the Session
on July 24, 2013"
was prepared, at the request of the Committee, by Mr. Ian Goss, as a Friend of the Chair. This
report will be submitted to the 2013 WIPO General Assembly.

Observer and indigenous participation

In line with further attempts to strengthen observer participation, the WIPO Secretariat
provided an extensive briefing for observers on the first day of the session. Attention was again
drawn to the “ indigenous portal”, an initiative of
the WIPO Secretariat aimed at easing direct access to resources regarding and of particular
interest to indigenous peoples and local communities. The IGC Chair met with the indigenous caucus
before and during the session.

The Chair of the UN Permanent Forum on Indigenous Issues, Mr. Paul Kanyinke Sena, participated
in the session, and, together with Forum member, Ms. Valmaine Toki (see further below), met with
the Director General of WIPO, Mr. Francis Gurry.
The UN Expert Mechanism on the Rights of Indigenous Peoples was also represented in the IGC for the
first time.

A total of six
organizations were accredited as new observers at the session. To provide further clarity
with respect to the WIPO accreditation process, the WIPO Secretariat published a set of frequently
asked questions (FAQs) on observer accreditation .

The WIPO Voluntary Fund for
Accredited Indigenous and Local Communities, which received a timely financial boost from Australia
and New Zealand prior to the commencement of the session, funded four indigenous and local
community participants at the session. The Chair of the IGC reminded the IGC, however, that the
Voluntary Fund remained in dire need of further contributions. The WIPO Secretariat continued to
fund secretarial services for indigenous and local communities at the session, provided by the
Documentation Centre for Indigenous Peoples (DoCip).

Indigenous panel

The session began with an indigenous panel
on “Indigenous peoples’ perspectives on intellectual property protection for traditional cultural
expressions: beneficiaries, subject matter, rights, and exceptions” . Ms. Valmaine Toki, indigenous-nominated Member
of the United Nations Permanent Forum on Indigenous Issues, Auckland, New Zealand, made a keynote speech. Other panel
presentations were made by:

The Panel was chaired by Mr. Jim Walker of the Foundation for Aboriginal and Islander Research
Action (FAIRA).

Side-events

A number of side-events held during the session attracted strong interest. These were:

Shared Traditional Knowledge: Issues and Options, presented by the International
Centre for Trade and Sustainable Development (ICTSD)

Traditional expressions of culture and contemporary creativity: A perspective from
audio-visual artists and creators, presented by the International Federation of Film Producers
Associations (FIAPF), in association with the Permanent Mission of Trinidad and Tobago and the
Permanent Mission of the United States of America

WIPO Project on Intellectual Property and Product Branding for Business Development in
Developing and Least Developed Countries (LDCs), presented by the WIPO Secretariat

Evaluation of IGC support services

As part of efforts to improve the service delivery by the WIPO Secretariat to the IGC, the WIPO
Internal Audit and Oversight
Division conducted an evaluation of the WIPO Secretariat’s support services to the Committee
during the session. This was to assess the quality, timeliness and relevance of the services
provided by the WIPO Secretariat (administration and organization) in support of the IGC.